KM. ABHA DUBEY versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Km. Abha Dubey v. Union Of India And Others - WRIT - A No. 13185 of 2006 [2006] RD-AH 5091 (3 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Arun Tandon, J.

According to the petitioner  the issue of inter se seniority between petitioner and respondent no. 5 to 11 stands settled under the orders of the Central Adminstrative Tribunal passed in Claim Petition No. 1308 of 2000 decided on 13.2.2001.  Against the said order the respondents have already filed a writ petition before this Court being writ petition no. 14296 of 2001 wherein no interim order has been granted.  The railway authorities have proceeded to review the said seniority without any authority of law.  Counsel for the petitioner submits that mere filing of the writ petition before this Hon'ble Court will not amount to stay of the order of the Central Administrative Tribunal and, therefore, the basic premise for review of the seniority is misconceived.

Shri Govind Saran on the other hand states that in view of the judgment of the Hon'ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India and others,  all these issues may be raised before the Central Administrative Tribunal at the first instance.

In the facts and circumstances of the case this Court is satisfied that the grievances raised by the petitioner in this petition requires consideration at the first instance before the Central Administrative Tribunal in view of the judgment of the Hon'ble Supreme Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261.

Writ petition is accordingly dismissed.

This Court has no room to doubt if an application under Section 19 of the Central Administrative Tribunal Act along with an interim stay application is filed by the petitioner , his application shall be considered strictly in accordance with law, at the earliest.

Dated: 3.3.2006

V.R./13185/06

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